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marriage and separation: the adulterous spouse avoid a penalty if the constraint conuigale was already in crisis (Appeal 2093/2011) .
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Supreme Court, sect. The Civil Judgement December 14, 2010 - January 28, 2011, No 2093
President Luccioli - Rapporteur Cultrera
The Court of Appeal of Rome, ruling filed March 7, 2007, in partial reform of the previous decision of the Court of Latin saying the separation between LN and MG charged with the latter , entrusted their children to the father, attributing the matrimonial home, and onerous obligation to pay alimony to his wife in Euro 350.00 per month, rejected the charge to the M. , Ordered joint custody of their children, confirmed the requirement of L. the maintenance of children and increased the amount of Euro 1,000.00 per month the child support in favor of the wife. The complaint, found that the texts have reported that M. made a sharer in his relationship with the S. The husband, in a time when the marital relationship was already in crisis.
The Territorial Court has made good governance of the principle enunciated by this Court - Cass. No 25618/2007 - according to which the breach of marital fidelity, particularly serious because it usually makes intolerable the continued cohabitation and ex justified if the charge separation to the spouse liable, not the cause of complaint if it is shown which however had no causal effect in determining the marital crisis, because it already existed (see also Cass. No 8512/2006).
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